Appellate court rules in favor of Mae Volen center

An appellate court Wednesday sided with the Mae Volen Senior Center in a battle to regain a state contract for home care services to seniors in south Palm Beach County.

For 26 years, Boca Raton-based Mae Volen received state money to assist almost 450 seniors with housecleaning, bathing, dressing and meal preparation. But last year it lost the contract to the Ruth Rales Jewish Family Service of South Palm Beach County.

Immediately, Mae Volen protested the decision by the Area Agency on Aging Palm Beach/Treasure Coast. It claimed the selection process was flawed and filed a complaint with the Department of Administrative Hearings. But an administrative law judge dismissed the case, arguing she had no jurisdiction over the dispute because the Area Agency on Aging wasn't a state agency.

Mae Volen appealed.

On Wednesday, the 4th District Court of Appeal ruled Mae Volen's case should be heard by the Department of Administrative Hearings.

"We are definitely pleased with the decision," Mae Volen President and CEO Elizabeth Lugo said. "Our intent all along has been to have all the facts heard. We lost by about six points. We want to show where the discrepancies were."

Mae Volen had to let go about seven employees after losing the contract, she said. The center has yet to decide what to do next. It could go ahead with the protest process; try to settle with the Area Agency for a portion of the about $1.7 million-a-year contract; or hope the agency would reissue the bid for the three-year contract.

Ruth Rales has two more years to go on its contract. Ruth Rales CEO Jaclynn Faffer said Wednesday's decision should not change that. "I don't think it will affect us at all or impact the service we provide to the seniors," she said.

Paola Iuspa-Abbott can be reached at piuspa@sun- sentinel.com or 561-243-6631.